The Reality Of Human Dignity In Law And Bioethics
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| Author | : Brigitte Feuillet-Liger |
| Publisher | : Springer |
| Total Pages | : 316 |
| Release | : 2018-11-19 |
| Genre | : Law |
| ISBN | : 3319991124 |
Adopting an interdisciplinary perspective, this volume explores the reality of the principle of human dignity – a core value which is increasingly invoked in our societies and legal systems. This book provides a systematic overview of the legal and philosophical concept in sixteen countries representing different cultural and religious contexts and examines in particular its use in a developing case law (including of the European Court of Human Rights and of the Inter-American Court of Human Rights). Whilst omnipresent in the context of bioethics, this book reveals its wider use in healthcare more generally, treatment of prisoners, education, employment, and matters of life and death in many countries. In this unique comparative work, contributing authors share a multidisciplinary analysis of the use (and potential misuse) of the principle of dignity in Europe, Africa, South and North America and Asia. By revealing the ambivalence of human dignity in a wide range of cultures and contexts and through the evolving reality of case law, this book is a valuable resource for students, scholars and professionals working in bioethics, medicine, social sciences and law. Ultimately, it will make all those who invoke the principle of human dignity more aware of its multi-layered character and force us all to reflect on its ability to further social justice within our societies.
| Author | : Richard Berquist |
| Publisher | : Catholic University of America Press |
| Total Pages | : 264 |
| Release | : 2019-10-11 |
| Genre | : Law |
| ISBN | : 0813232422 |
From Human Dignity to Natural Law shows how the whole of the natural law, as understood in the Aristotelian Thomistic tradition, is contained implicitly in human dignity. Human dignity means existing for one’s own good (the common good as well as one’s individual good), and not as a mere means to an alien good. But what is the true human good? This question is answered with a careful analysis of Aristotle’s definition of happiness. The natural law can then be understood as the precepts that guide us in achieving happiness. To show that human dignity is a reality in the nature of things and not a mere human invention, it is necessary to show that human beings exist by nature for the achievement of the properly human good in which happiness is found. This implies finality in nature. Since contemporary natural science does not recognize final causality, the book explains why living things, as least, must exist for a purpose and why the scientific method, as currently understood, is not able to deal with this question. These reflections will also enable us to respond to a common criticism of natural law theory: that it attempts to derive statements of what ought to be from statements about what is. After defining the natural law and relating it to human or positive law, Richard Berquist considers Aquinas’s formulation of the first principle of the natural law. It then discusses the love commandments to love God above all things and to love one’s neighbor as oneself as the first precepts of the natural law. Subsequent chapters are devoted to clarifying and defending natural law precepts concerned with the life issues, with sexual morality and marriage, and with fundamental natural rights. From Human Dignity to Natural Law concludes with a discussion of alternatives to the natural law.
| Author | : |
| Publisher | : U.S. Independent Agencies and Commissions |
| Total Pages | : 588 |
| Release | : 2008 |
| Genre | : Business & Economics |
| ISBN | : |
Contains a collection of essays exploring human dignity and bioethics, a concept crucial to today's discourse in law and ethics in general and in bioethics in particular.
| Author | : Yechiel Michael Barilan |
| Publisher | : MIT Press |
| Total Pages | : 367 |
| Release | : 2012-09-14 |
| Genre | : Medical |
| ISBN | : 0262304880 |
A novel and multidisciplinary exposition and theorization of human dignity and rights, brought to bear on current issues in bioethics and biolaw. “Human dignity” has been enshrined in international agreements and national constitutions as a fundamental human right. The World Medical Association calls on physicians to respect human dignity and to discharge their duties with dignity. And yet human dignity is a term—like love, hope, and justice—that is intuitively grasped but never clearly defined. Some ethicists and bioethicists dismiss it; other thinkers point to its use in the service of particular ideologies. In this book, Michael Barilan offers an urgently needed, nonideological, and thorough conceptual clarification of human dignity and human rights, relating these ideas to current issues in ethics, law, and bioethics. Combining social history, history of ideas, moral theology, applied ethics, and political theory, Barilan tells the story of human dignity as a background moral ethos to human rights. After setting the problem in its scholarly context, he offers a hermeneutics of the formative texts on Imago Dei; provides a philosophical explication of the value of human dignity and of vulnerability; presents a comprehensive theory of human rights from a natural, humanist perspective; explores issues of moral status; and examines the value of responsibility as a link between virtue ethics and human dignity and rights. Barilan accompanies his theoretical claim with numerous practical illustrations, linking his theory to such issues in bioethics as end-of-life care, cloning, abortion, torture, treatment of the mentally incapacitated, the right to health care, the human organ market, disability and notions of difference, and privacy, highlighting many relevant legal aspects in constitutional and humanitarian law.
| Author | : |
| Publisher | : UNESCO |
| Total Pages | : 144 |
| Release | : 2011 |
| Genre | : Bioethics |
| ISBN | : 9231042025 |
| Author | : David G. Kirchhoffer |
| Publisher | : Teneo Press |
| Total Pages | : 377 |
| Release | : 2013 |
| Genre | : Philosophy |
| ISBN | : 1934844969 |
Human Dignity in Contemporary Ethics develops a holistic and relevant understanding of human dignity for ethics today. Whilst critics of the concept of human dignity call for its dismissal, and many of its defenders rehearse the same old arguments, this book offers an alternative set of methodological assumptions on which to base a revitalized and practical understanding of human dignity, which at the same time overcomes the challenges that the concept currently faces. The Component Dimensions of Human Dignity model enables human dignity to serve both as a descriptive category that explains moral choices, and as a normative criterion that helps to evaluate moral behaviour. A consideration of two cases--violent crime and physician-assisted suicide--demonstrates how the model offers a way to avoid the pitfalls of both moralism and moral relativism, while still leaving space for relativity in ethics. By using an approach that should be acceptable to both religious and secular perspectives alike, this book offers a unique way out of the 'dignity talk' that currently plagues ethics.
| Author | : Remy Debes |
| Publisher | : Oxford University Press |
| Total Pages | : 437 |
| Release | : 2017-06-01 |
| Genre | : Philosophy |
| ISBN | : 0190677546 |
In everything from philosophical ethics to legal argument to public activism, it has become commonplace to appeal to the idea of human dignity. In such contexts, the concept of dignity typically signifies something like the fundamental moral status belonging to all humans. Remarkably, however, it is only in the last century that this meaning of the term has become standardized. Before this, dignity was instead a concept associated with social status. Unfortunately, this transformation remains something of a mystery in existing scholarship. Exactly when and why did "dignity" change its meaning? And before this change, was it truly the case that we lacked a conception of human worth akin to the one that "dignity" now represents? In this volume, leading scholars across a range of disciplines attempt to answer such questions by clarifying the presently murky history of "dignity," from classical Greek thought through the Middle Ages and Enlightenment to the present day.
| Author | : O. Carter Snead |
| Publisher | : Harvard University Press |
| Total Pages | : 337 |
| Release | : 2020-10-13 |
| Genre | : Law |
| ISBN | : 0674987721 |
A Wall Street Journal Top Ten Book of the Year A First Things Books for Christmas Selection Winner of the Expanded Reason Award “This important work of moral philosophy argues that we are, first and foremost, embodied beings, and that public policy must recognize the limits and gifts that this entails.” —Wall Street Journal The natural limits of the human body make us vulnerable and dependent on others. Yet law and policy concerning biomedical research and the practice of medicine frequently disregard these stubborn facts. What It Means to Be Human makes the case for a new paradigm, one that better reflects the gifts and challenges of being human. O. Carter Snead proposes a framework for public bioethics rooted in a vision of human identity and flourishing that supports those who are profoundly vulnerable and dependent—children, the disabled, and the elderly. He addresses three complex public matters: abortion, assisted reproductive technology, and end-of-life decisions. Avoiding typical dichotomies of conservative-liberal and secular-religious, Snead recasts debates within his framework of embodiment and dependence. He concludes that if the law is built on premises that reflect our lived experience, it will provide support for the vulnerable. “This remarkable and insightful account of contemporary public bioethics and its individualist assumptions is indispensable reading for anyone with bioethical concerns.” —Alasdair MacIntyre, author of After Virtue “A brilliantly insightful book about how American law has enshrined individual autonomy as the highest moral good...Highly thought-provoking.” —Francis Fukuyama, author of Identity
| Author | : Jeff Malpas |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 237 |
| Release | : 2007-10-06 |
| Genre | : Philosophy |
| ISBN | : 1402062818 |
The idea of human dignity is central to any reflection on the nature of human worth. However, the idea is a complex one that also takes on many different forms. This unique collection explores the idea of human dignity as it arises within these many different domains, opening up the possibility of a multidisciplinary conversation that illuminates the concept itself. The book includes essays by leading Australian and International figures.
| Author | : H. ten Have |
| Publisher | : UNESCO |
| Total Pages | : 371 |
| Release | : 2009-01-01 |
| Genre | : Business & Economics |
| ISBN | : 923104088X |
In October 2005, UNESCO Member States adopted by acclamation the Universal Declaration on Bioethics and Human Rights. For the first time in the history of bioethics, some 190 countries committed themselves and the international community to respect and apply fundamental ethical principles related to medicine, the life sciences and associated technologies. This publication provides a new impetus to the dissemination of the Declaration, and is part of the organisation's continuous effort to contribute to the understanding of its principles worldwide. The authors, who were almost all involved in the elaboration of the text of the Declaration, were asked to respond on each article: Why was it included? What does it mean? How can it be applied? Their responses shed light on the historical background of the text and its evolution throughout the drafting process. They also provide a reflection on its relevance to previous declarations and bioethical literature, and its potential interpretation and application in challenging and complex bioethical debates.
